Posts tagged with: "114"
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25 Sep 2009, 6:00 am by Victoria Blachly
From time to time we will publish recent cases and legislation:  Oregon House Bill 2009 (pdf) The governor of Oregon signed House Bill 2009 on June 26, 2009. Since this bill included an emergency clause, it is effective immediately.   Along with creating a new agency, the... [read post]
4 Oct 2011, 4:19 am by Andrew Frisch
Perkins v. Southern New England Telephone Co. This case, concerning allegations that the plaintiffs were “salaried misclassified” was before the court on the parties’ cross-motions in limine for a determination as to how damages should be calculated by the jury.  While the defendants argued that they should be entitled to calculate any back wages due at “half-time” pursuant to the fluctuating workweek (“FWW”), the plaintiffs argued that the damages must be calculated using the… [read post]
2 Sep 2012, 7:41 am by Andrew Frisch
Hasan v. GPM Investments, LLC Yet another court has weighed in on the FWW (“half-time”) versus time and a half issue in so-called “salary misclassification” cases, and this time it’s a victory for employees. This case was before the court on the plaintiffs’ motion in limine regarding the methodology for calculating damages, in the event the plaintiffs prevailed on their misclassification claims at trial. Addressing all of the arguments typically proffered by plaintiff-employees and… [read post]
17 Jan 2012, 3:23 pm by Staff
NOT CHARGED – Insurance Fraud – State v. Mr. S. (DMC No. 9815): Mr. S. was involved in a nasty divorce with his wife. She had stored numerous items to be resold as antiques in her house. When she left, she filed an insurance claim stating that there was 40,000-50,000 in damage and theft. Mr. S reported her to the insurance company and informed them that he was the true insured party and was the one who suffered the actual loss. The insurance company tried to claim that this was somehow a… [read post]
15 Nov 2010, 3:30 am by Scott Wolfe Jr
In previous posts, I’ve written about the requirement for contractors contracting with property owners to provide a Model Disclosure Statement (Requirement in RCW 18.27.114(1)). A case decided Division III of the Court of Appeals last year addresses a challenge to this act made by a contractor, and highlights just how difficult it is for folks to argue that the Model Disclosure Statement is not required on a qualifying project. In this case, AWR Construction v. Labor & Industries, a contractor… [read post]
12 Apr 2013, 2:00 am by Keith Paul Bishop
In this November of 2010 post, I considered whether venue selection agreements are valid in California.  I noted that the California Supreme Court had held that venue selection provisions are void. General Acceptance Corp. v. Robinson, 207 Cal. 285, 289 (1929).  I also noted two more recent decisions by the Courts of Appeal that appear to follow the holding in General Acceptance:  Alexander v. Superior Court, 114 Cal.App.4th 723 (2003) and Arntz Builders… [read post]
28 Apr 2011, 9:51 am by Douglas Reiser
The NFL is back - for now - but dont forget your deadlines.   Its Thursday, and for some there is a lot of excitement in the air. The NFL players recently won a heated court battle to end the lockout and the first round of the draft begins tonight. So, why you are all distracted with who your team will select tonight – don’t forget your lien deadlines. To help you all out, I have decided to put together a brief deadline list here on Builders Counsel. Review the dates below, remember them and… [read post]
6 Aug 2010, 6:32 pm by Andrew Frisch
Urnikis-Negro v. American Family Property Services Although plaintiff Brenda Urnikis-Negro prevailed in her suit for overtime pay, she contended on appeal that the district court improperly calculated the amount of pay she was owed.  After a bench trial, the district court found that the Defendants, violated the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq. (“FLSA”), when they treated Urnikis-Negro as an administrative employee who was exempt from the overtime… [read post]
10 Apr 2011, 6:16 am by Mark Tabakman
There had been an initiative to change the regulations regarding the fluctuating work week ("FWW") computation of overtime found in 29 CFR 778.114 by allowing the payment of non-overtime bonuses and incentives without invalidating the guaranteed salary criterion required to allow an employer to pay half-time overtime under the formula set forth in the regulation.   There was opposition to this.  The opposition took the view that this change would allow employers to reduce employee fixed weekly… [read post]
29 Oct 2009, 2:24 pm by Jaclene D'Agostino
A couple of months ago, we posted an entry discussing the unsealing of adoption records in New York State, and the manner in which courts must weigh the State’s interests of confidentiality and maintenance of the adoptive parent-child bond against an applicant’s interests in unsealing his or her records. Prompting that discussion was Matter of Victor M.I., 23 Misc 3d 1103A (Sur Ct, Nassau County 2009), a case in which the Nassau County Surrogate’s Court permitted the unsealing of adoption… [read post]
13 Dec 2010, 8:39 am by Mark Tabakman
An employee who was paid a salary, deemed exempt by her employer, filed a lawsuit claiming she was in fact non-exempt and won.  The calculation of her damages, however, was not to her liking as the court computed the overtime using the half-time method allowed by the Fair Labor Standards Act (“FLSA”) fluctuating work week (FWW) regulations for salaried non-exempt employees.  The employee has now filed a petition with the United States Supreme Court asking for a determination that this… [read post]
31 Oct 2010, 7:15 pm by David Oxenford
The Copyright Office has just released a Notice of Inquiry asking whether Federal protection should be extended to sound recordings recorded prior to 1972.  A sound recording is a song as recorded by a particular artist.  Sound recordings were first protected under Federal law in 1972.  Prior to that, unauthorized recordings or reproductions of an artist's recoding were policed under various state criminal and civil law.  While the Copyright Act has provided for the protection of pre-1972… [read post]
10 Jul 2009, 11:12 am by Robert Harper
Adoption records are generally confidential in New York, but at times they are unsealed for medical purposes. While it is rare for these records to be unsealed for other reasons, courts will at times determine that it is proper to do so in a particular case. Under New York law, adoption records are sealed “to protect and insure [the] confidentiality [that] is ‘vital to the adoption process’” (Matter of Victor M.I. I., 23 Misc3d 1103[A], at *1 [Sur Ct Nassau County 2009]; DRL §… [read post]
6 Apr 2011, 4:26 am by Andrew Frisch
On April 5, the Department of Labor (DOL) published its updates to its interpretative regulations regarding the Fair Labor Standards Act (FLSA) in the Federal Register.  to go into effect 30 days later.  The Updating Regulations, revise out of date CFR regulations. Specifically, these revisions conform the regulations to FLSA amendments passed in 1974, 1977, 1996, 1997, 1998, 1999, 2000, and 2007, and Portal Act amendments passed in 1996. As noted by several commentators, the final regulations… [read post]
27 Feb 2012, 5:00 am by Douglas Reiser
Save some legal fees and protect your lien rights.   A few weeks back, I started the “Save A Legal Fee” column, replacing the not-so-popular “Solicitation of the Month” column. I think that it is much better received and will continue to try and bring it to you every week. This week: saving your money – and your lien rights – with a simple Notice to Customer form.   This is not as much a call that I get to do for clients, as it is something that we have to collectively regret later… [read post]
20 Jul 2011, 12:05 pm by Douglas Reiser
Find a defect notice in the mailbox? Don't ignore it.   Recently, I have seen a rash of ignored construction defect notices. What is a construction defect notice? Its a statutorily required notice, sent from a homeowner to a contractor, listing a number of defects found at their property. If you get one, don’t ignore it.   The Revised Code of Washington includes  a numer of provisions intended for residential construction disputes. Among them is the “Notice to Customer” requirement in RCW… [read post]
14 Feb 2013, 11:08 am by Gene Quinn
As you may be aware, there is a growing number of unexamined Requests for Continued Examination (RCEs) clogging the Patent Office docket. In fact, as of the end of Fiscal Year 2012, there were 95,200 RCEs that were awaiting examiner consideration, which is almost double the 48,680 that were awaiting examiner action at the start of Fiscal Year 2011. The USPTO is concerned about the RCE backlog and the agency, in collaboration with the Patent Public Advisory Committee (PPAC), will host a series of… [read post]
26 Apr 2010, 5:45 am by Douglas Reiser
Disclosure is not an option! Contractors need to know RCW 18.27.114. If you are a contractor in Washington, you need to know about the consumer’s Model Disclosure Statement. The Model Disclosure Statement is a required disclosure document that must be provided to the consumer, signed and retained by the contractor. Briefly, lets talk about what the statement is, when you need to use it, and how to use it. What is it? The Model Disclosure Statement (MDS) is a standard form required under Revised… [read post]
27 Sep 2010, 9:32 am by Douglas Reiser
Don't run your lien claim off a cliff! Start using disclosure statements If you are a contractor in Washington, you need to know about the consumer’s Model Disclosure Statement. The Model Disclosure Statement is a required disclosure document that must be provided to the consumer, signed and retained by the contractor. Briefly, lets talk about what the statement is, when you need to use it, and how to use it. What is it? The Model Disclosure Statement (MDS) is a standard form required under… [read post]
8 Dec 2010, 9:55 am by Douglas Reiser
Protect your right to payment like an armored car. Use this notice. I’m still, sadly, seeing a lot of contractors in Washington that are not preparing themselves for payment disputes. If you are a contractor in Washington, you should know how to use the consumer’s Model Disclosure Statement. This document can save your right to payment on a job. The Model Disclosure Statement is a required disclosure document that must be provided to the consumer, signed and retained by the contractor. Briefly,… [read post]